General Terms and Conditions

of Sale and Use (GTCSU)

France/Europe

1.  About us

The company PREDIGE SAS, with a capital of 10,000 euros, with registered offices at 1 Place du Verseau, Echirolles, (38130), France, is registered in the GRENOBLE Trade and Companies Register under number 890 387 335, (hereinafter referred to as the "Company”). The company distributes cosmetics products and accessories to its customers via its website: https://www.predige.com.

2.  Preamble

The Company invites its Users to read the following General Terms and Conditions of Sale and Use carefully (hereinafter referred to as the "GTCSU"). Placing an order implies acceptance of the GTCSU. Product characteristics are provided on the website. Customers are asked to take note of said characteristics prior to purchase. The photographs and graphics displayed on the website are not contractually binding.

Customers declare being fully legally entitled to commit to these general terms and conditions of sale presented herein and acknowledges having read and accepted them by ticking the box provided, prior to placing their online Order.

The GTCSU set forth the conditions under which the Company sells its Products to its Professional Customers and Consumers via its website.

These shall apply to all sales made by the Company and shall prevail over all contradictory documents, in particular the Customer’s general purchasing conditions.

The GTCSU are routinely made available to Customers requesting them.

In the case of subsequent modification of the GTCSU, the version applicable at the time the Order was placed shall prevail.

3.  Definitions

"Customer" shall refer to the Professional Customer or Consumer having placed an Order for one or several Products sold on the Website;

"Order" shall refer to any order placed by Users registered on the Site;

"General Terms and Conditions of Sale and Use" or "GTCSU" shall refer to the general terms and conditions of online sale and use herein;

"Consumer" shall refer to purchasers (natural persons) not acting for business requirements and/or not as part of his or her professional activity;

"Products" shall refer to material items or services which may be subject to appropriation and which are offered for sale on this Site;

"Professional" shall refer to a purchaser (legal or natural person) acting for purposes relating to his or her professional activity;

"Site" shall refer to this Website: www.predige.com or any site of the Company associated with this site;
"Company" shall refer to the Company Predige SAS, described in more detail in article 1 hereof; and "User" shall refer to any person using the Site.

4.  Registration

Registration on the Site is open to all natural and legal adults enjoying full use of their legal personalities and legal capacities.

Users may register to use the Site. Registration is free of charge.

As part of the registration process, Users are asked to complete all compulsory fields; failing which registration cannot be completed.

Users guarantee and solemnly declare that all the information provided on the Site, in particular at the time of their registration or their order, is accurate and correct. They undertake to update their personal information on the dedicated page, available in their account.

All registered users have a user name and password. The latter are strictly personal and confidential and must in no case be communicated to third parties under penalty of deletion of the registered account of the infringing User. Every registered User shall be personally responsible for maintaining the confidentiality of his or her username and password. The Company shall, in no case, be held liable for the misused identity of a User. If a User suspects fraud at any time, he or she should contact the Company without delay, so that the latter can take all necessary steps to address the situation.

Users, whether natural or legal persons, can only hold one account on the Site. The User’s unique identifier shall be their email address.

In the case of breach of the GTCSU, in particular, the creation of several accounts for a single person or the supply of false information, the Company reserves the right to temporarily or definitely delete all the accounts created by the infringing User.

Account deletion shall bring about definitive loss of all the benefits and services acquired on the Site. However, any Orders already having been placed and invoiced by the Site prior to deletion of the account, shall be carried out under normal conditions.

If an account is deleted by the Company due to a failure to comply with the duties and obligations set forth in the GTCSU, the infringing User shall be strictly prohibited from registering again on the Site directly, by using another email address or through a third party, without the Company’s specific permission.

5.  Orders

All orders are payable in Euros.

Users may add Products to their shopping cart. They may access the order summary to confirm which Products they wish to order, prior to validating their Order.

They must supply an address, a delivery method and a valid payment method in order to finalise the Order and to effectively form the sales contract between themselves and the Company. Finalisation of the Order implies acceptance of the prices of the Products sold, as well as the methods and delivery times as indicated on the Site. Once an Order has been placed, the User shall receive email confirmation, sent to the email address he or she has supplied. This confirmation will provide an Order summary, as well as the relevant delivery information. Placing an Order constitutes the conclusion of a remote sales contract between the Company and the Customer.

The Company may provide the Customer with a reduction in price, rebate or discount for example, depending on the number of Products ordered or the frequency of Orders, under the terms established by the Company.

The Company may, as of right, and without justification, refuse any order or require full, advance payment, for example due to insolvency or past problems with a Customer.

6.  Products and prices

The Products, the subject matter hereof, are those displayed on the Site and which are sold and potentially sent directly by the Company.

The Products are described on the corresponding page on the Site and all of their essential features are provided. Sales are valid while Company stocks last. The Company may not be held responsible for stock-outs or impossibility to sell a Product due to inexistant stock.

When a registered User wishes to purchase a Product sold by the Company via the Site, the price given on the Product page corresponds to the tax inclusive price, excluding delivery fees and takes into account any reductions applicable and in force on the day the Order was placed. The price given shall not include delivery fees which are provided, where appropriate, in the summary prior to placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send a detailed quotation to the Customer setting forth the price calculation.

In no case may a User request a reduction which is no longer in force on the day the Order was placed.

Products offered are those displayed on the Company website, while stocks last. The Company reserves the right to modify the product range at any time. Every product is presented on the website with a description setting out its main technical characteristics (capacity, use, composition, etc.). Photographs are as accurate as possible but shall not be contractually binding and are not binding on the Seller.

Furthermore, the Company shall not be held liable for damages resulting from improper use of a purchased product. 

7.  Payment terms

Depending on the nature and amount of the Order, the Company may request a deposit or payment in full when the Order is placed.

Payment can be made by:

·         Credit card

·         Payment application (PayPal, etc.)

·         Cheque (only available in certain countries)

·         Payment slip (only available in certain countries)

·         Bank transfer (Only for professionals)

Payment methods may vary from country to country, as well as the possibility of paying in installments.

In the case of a partial or total failure to pay for the Products by the date stipulated on the invoice, Professional or Individual Customers shall pay the Company a penalty for late payment whose rate shall be equal to 1% per month of delay.

As well as the penalty for late payment, any amount, including the deposit, unpaid on its due date by Individual Customers shall produce, as of right, the payment of a fixed amount of 40 euros.- by additional summation, due for recovery costs. In the event of prosecution, compensation of 150 euros per order is payable in addition without further notice.

No compensation may be paid by the Customer between the penalties for late payment in the supply of Products ordered and amounts owed by the Customer to the Company for the purchase of Products offered on the Site.

The penalty owed by Professional and Individual Customers is calculated on the tax inclusive amount of the outstanding sum, and shall commence from the expiration date of the price, without the need for any prior formal notice.

8.  Delivery

The Products are exclusively delivered within the geographic areas available on the Company Website.

The Company undertakes to make all material and human efforts to deliver the Products without undue delay. This timeframe may vary depending on the Customer’s geographic area, the delivery method chosen and the Product ordered.

If the delivery deadline has been exceeded by one month, except in cases of force majeure, Customers may request termination of the contract by registered letter or e-mail with acknowledgement of receipt, after directing the Company, according to the same terms, to make the delivery within a reasonable additional period.

In such a case, Customers will be reimbursed within 30 days if a payment has already been made.

Should the delivery prove impossible, due to an error in the address supplied by the Customer, the Company will contact the Customer as quickly as possible to obtain a new delivery address and any additional delivery costs shall be borne by the Customer.

Furthermore, the Company may not be held liable for reasons linked to a delay in delivery times:

·         during periods of high demand, such as the Christmas holidays,

·         for delays caused by force majeure, i.e., due to the occurrence of an unforeseen, unavoidable event, beyond its control,

·         for reasons attributable exclusively to the transporter commissioned with the delivery.

The delivery is made, according to the Customer’s choice and the prices indicated on the Site:

·         by post to the address given by the Customer when the Order was placed.

·         to one of the Company’s shops, selected by the Customer when placing the Order (option only available in certain countries).

·         E-Work: to one of the Company’s depots. The products can then be picked up by professional Customers or their transporters, at a date agreed by the parties.

Free deliveries are only offered in certain cases, for private customers, in certain countries and depending on the amount ordered for example. Only "Economy" deliveries are eligible. Express" or "Priority" deliveries, which require special handling, are not eligible and are always at full price, regardless of the order value.

9.  Claims

For all Orders placed on this Site, Customers have the right to bring a complaint, to be exercised upon reception of the Product. It is the Customer’s responsibility to check the apparent condition of Products upon delivery.

In the absence of reserves expressly made upon delivery, the Products shall be deemed to have been delivered in compliance with the Order and the company may, by full right, refuse any claim.

The purchaser is responsible for checking, in the presence of the postal or delivery agent, the packaging and content of the order at the time of delivery. In the case of damage during transport, any complaint must be made forthwith to the transporter and the Company.

In case of non-compliance or hidden defect concerning the Products, to exercise their right to pursue a claim, Customers must send a statement to the Company at the address: info-europe@predige.com, expressing their reserves and claims, accompanied by supporting documents related hereto (receipt slip countersigned by the transporter, photos, etc.)

Any claim which does not comply with the above-mentioned conditions will not be accepted.

In the case of any problem, the Company may choose to repair, replace or reimburse the Product or its components forthwith at its own cost and subject to the material possibility of repairing the Product or its stock availability.

10.  Consumer’s right of withdrawal

Consumers have a right to withdraw up to 14 days after placing the Order.

To exercise their right of withdrawal, Consumers must send a statement to the email address:
info-europe@predige.com or a registered letter to the Company.

Products must be returned unopened in their original packaging and in a perfect condition within 14 days as of notification of withdrawal made to the Company by the Consumer. Direct return costs shall be borne by the Consumer.

Consumers shall receive a reimbursement for all costs paid when placing the Order, excluding delivery costs, within 14 days of the Products being returned.

The reimbursement shall be made in the same form of payment as that used for the purchase.

11.  Transfer of ownership and risk

The Company shall retain ownership of the Products sold until complete payment of the price by the Customer. It may therefore regain possession of said Products in the case of non-payment. In such a case, any advances will remain the property of the Company as compensation.

For Professional Customers, the transfer of risk to the Customer shall occur when the goods are handed to the transporter by the Company. For Consumer Clients, the transfer of risk shall occur upon delivery or when the goods are collected from the shop when Customers select store delivery.

12.  Legal safeguards

Products sold on the Site are guaranteed in accordance with the legal provisions of the French Consumer Code and the French Civil Code as set out below:

Article L.217-4 of the French Consumer Code:

“The seller shall deliver goods in conformity with the contract and shall respond to any existing non-conformity at the time of issuance.

The seller shall also respond to any non-conformity resulting from packaging, assembly or installation instructions when these are its responsibility under the terms of the contract or when this was produced under its responsibility.”

Article L.217-5 of the French Consumer Code:

“The goods are in conformity with the contract:

1° when they are appropriate for the use normally expected for such an item and, where appropriate:

·         when they correspond to the description provided by the seller and possess the attributes the seller has presented to the buyer in the form of a sample or a model;

·         when they possess the attributes that a buyer is legitimately entitled to expect with regard to the public statements made by the seller, producer or their representative, in particular in advertising material or packaging

2° Or when they display the characteristics commonly established by the parties or are appropriate for any special usage sought by the buyer, brought to the seller’s attention and which the latter has accepted”

Article 1641 of the French Civil Code:

"The seller shall be held liable for any hidden defects of the sold item making it unfit for the use for which it is intended, or which diminish such a use to the point that the buyer would not have bought it, or would only have given a lesser price for it, if they had been aware of the defects."

Any Product resold altered, modified or transformed shall not be covered by the warranty.

This is limited to replacement or reimbursement of the non-compliant or faulty Products. It is excluded in the case of improper use, abnormal use or inadequate storage of the Product, as well as if the Product was not compliant with the legislation of the country to which it is delivered.

Customers must inform the Company of the existence of any defects within two years. The Company will have Products deemed to be faulty fixed wherever possible. If the Company is deemed liable, the warranty is limited to the tax exclusive amount paid by the Consumer for the supply of the faulty Products.

The replacement of Products shall not extend the duration of the warranty.

13.  Modifications

The Company reserves the right to modify the Site, the GTCSU and any delivery procedures or other element making up part of the service the Company offers through this Site.

When an Order is placed, the User shall be subject to the conditions set forth in the GTCSU in force at the time the Order was placed.

14.  Personal Data Processing

Registration on the Site generates processing of the Customer’s personal data. If the Customer does not consent to his or her data being processed, he or she is asked to refrain from using the Site.

The personal data processing is in compliance with the General Data Protection Framework.

At any time, the Customer disposes of the right to query, access, amend, modify and oppose all of his or her personal data by sending an email, justifying his or her identity, to the following address: info-europe@predige.com or by post to the Company address.

This personal data is necessary for the processing of the Customer’s Order and the issue of invoices where appropriate, as well as improvement of the Site’s functions.

15.  Sharing collected data

The Site may use third-party companies to carry out certain tasks, such as deliveries. By browsing on the Site, Customers accept that third-party companies may have access to their data to enable the proper functioning of the Site.

These third-party companies only have access to the collected data in the context of their performance of one specific task. The Site shall remain responsible for the handling of such data.

Furthermore, Users may therefore receive information or commercial offers from the Company or its partners.

Users may, at any time, object to receiving these commercial offers, by writing to the Company address provided above or by unsubscribing on the Site.

What’s more, Customer information may be transferred to third-parties without their prior express permission in order to meet the following goals:

·         to comply with the law

·         to protect anyone from serious bodily injury or death

·          to combat fraud or violation of the Company or users

·          to safeguard the Company’s property rights

16.  Data protection

The Company ensures an appropriate level of security proportionate to the risks incurred and their probability.

However, in no way do these measures constitute a guarantee, nor do they commit the Company to an obligation to achieve a result regarding data security. The Company may not be held liable for damages resulting from the use of the Internet network such as a loss of data, intrusion, virus, service failure, or other unintended problems.

17.  Cookies

To enable its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on Users’ computers. This cookie stores information about Site navigation, as well as any data provided by Users (in particular, searches, login, email and password).

Users expressly authorize the Company to install a file known as a “cookie” on the User’s hard drive.

Users may block, modify the retention period or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User’s browser prevents the use of certain services or functions of the Site, this dysfunction may, under no circumstances, constitute injury to the User, who shall not be entitled to any compensation in this case.

18.  Responsibility

The Company may in no case be held liable for the unavailability, whether permanent or temporary, of the Site and, although it will do everything it can to ensure a seamless service, this service may be interrupted at any time. What’s more, the Company reserves the right to wilfully make the Site unavailable in order to carry out any updates, improvements or maintenance that is required.

As previously mentioned, the Company may under no circumstances be held liable for delivery delays for reasons beyond its control, reasons which are unforeseen and unavoidable or for which it cannot be deemed to be responsible.

19.  Intellectual Property

The brand, logo, photos and descriptions of Products, as well as the prices and graphic layout of the Site are trademarks and intellectual works, protected under copyright, and which are owned exclusively by the Company. Any distribution, exploitation, representation or reproduction, whether in part or in full, without the Company’s express permission could subject the offender to civil and criminal proceedings.

20.  Scope of competence clause

The law governing these GTCSU is French law. Any dispute that may arise between the Company and a User relating to the performance hereof will be the subject of an attempt at amicable resolution. If such disputes are not settled, they may be brought before the competent French common law courts; the competent court shall be that of Grenoble.

21.  Acceptation of the GTCSU

The Customer or User of the site formally accepts the GTCSU.

The Customer declares having taken note of said GTCSU and relinquishes the right to use any other document, in particular its own general conditions of purchase.

Consumers acknowledge having taken note of the information and details provided for in articles L.111-1 to L.111-7 of the French Consumer Code and in particular:

·         the essential features of the Products and Services

·         the prices

·         the date or timeframe by which the Company undertakes to supply the Products and Services

·         information regarding the Company’s identity (postal address, e-mail, telephone)

·         information regarding the legal and contractual warranties and their implementation methods

·         the possibility to engage in conventional mediation in the case of dispute

·         the warranties and information regarding the right of withdrawal (timeframe, implementation means)

22.  Mediator’s contact details

AME Conso
11 place Dauphine
Paris 75001

23.  Translation

Only the French version of this document shall prevail. Translations are provided for information purposes only.

24.  Contact details

The Company Predige SAS may be contacted for any enquiries; claims or withdrawal at the following address:

Predige SAS
4 Rue des Tropiques
38130 Echirolles
France

E-Mail: info-europe@predige.com (preferred contact method)
Tel: +41 216333435
SIREN number: 890387335
VAT Number: FR73890387335